Jennifer E. Bezaire

The plaintiff sought to vary a court-approved timetable to compel affidavits of documents and examinations for discovery prior to the defendant's summary judgment motion.

The defendant opposed, arguing the motion should proceed without delay and that the case was not complex.

The court granted the plaintiff's motion, finding that allegations of fraud and forgery involve credibility issues difficult to resolve on a paper record alone.

The court ordered a proportionate discovery process including exchange of affidavits of documents and cross-examinations on the motion, with the summary judgment motion to be heard in fall 2026.

The plaintiff, CLC Tree Services Ltd., brought a motion to compel answers to undertakings and refusals from examinations for discovery, alleging that the City of London granted preferential treatment in awarding arboricultural and vegetation management contracts to Davey Tree Expert Co. of Canada, Limited to the exclusion of CLC.

The defendant, the City of London, brought a cross-motion seeking answers to undertakings and refusals from CLC's examination, arguing that CLC's allegations were based on rumours and unnamed sources and that the scope of the claim needed to be defined.

The court addressed numerous undertakings and refusals, emphasizing the importance of parties working collaboratively to resolve discovery disputes and the broad scope of oral discovery under the Rules of Civil Procedure.

The court granted many of CLC's requests for disclosure while also ordering CLC to provide greater particularity regarding its damages claims and the factual basis for its allegations.

The court granted summary judgment in favour of Maureen Chevalier, finding that Melissa Chevalier was a tenant and not a co-owner or beneficiary of the property at 1377 Matthew Crescent, Belle River, Ontario.

The decision turned on the evidence that Melissa did not contribute to the purchase price, her payments were treated as rent, and there was no evidence of a trust or unjust enrichment.

The court found no genuine issue for trial and dismissed Melissa’s claims.

The court considered three summary judgment motions in a long-running dispute arising from a 2013 Michigan motor vehicle accident.

The plaintiff, Eunice Lucas-Logan, sought damages for denied accident benefits and property damage, while the defendants (Certas Direct Insurance Company and 2089402 Ontario Inc., operating as Emeryville Collision) sought dismissal.

The court found most of the plaintiff’s claims were barred by issue estoppel, as they had been finally determined in prior administrative and court proceedings.

The only relief granted was an order that the defendants pay $1,197.07 for outstanding vehicle repairs, subject to set-off against a prior costs order.

All other claims, including for mental distress, bad faith, and conspiracy, were dismissed.

The accused, Matthew Christopher Reis, was charged with possession of a Schedule I substance (crystal methamphetamine) for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The trial turned on whether Mr. Reis had knowledge and control of the drugs found in a brown purse he was holding during a medical emergency involving another individual.

The court found that while Mr. Reis had control of the purse, the evidence did not establish beyond a reasonable doubt that he had knowledge of its contents.

Mr. Reis was acquitted.

The court sentenced Ryan Kiteley for theft under $5,000 (as a lesser included offence of robbery), possession of a weapon dangerous to the public peace, and four counts of failure to comply with probation.

The court considered the circumstances of the offences, the offender’s background, and the positions of the parties.

The sentence imposed was a global sentence of 435 days’ imprisonment (with 285 days’ credit for pre-sentence custody), followed by three years’ probation with conditions, and ancillary orders including a DNA order, weapons prohibition, and forfeiture.

The court emphasized the need for specific deterrence and public protection, given the offender’s lengthy record and risk factors.

This decision concerns a summary conviction appeal by Patrick Godin from his conviction for sexual assault.

The appellant argued that the trial judge failed to properly apply the third prong of the W.(D.) analysis, specifically by not considering the totality of the evidence, including contradictions between the complainant’s testimony and that of other witnesses.

The appeal judge found that the trial judge’s reasons were adequate, addressed the relevant issues, and gave proper deference to credibility findings.

The appeal was dismissed.

The defendants brought a motion to compel the plaintiffs to serve a supplementary affidavit of documents and to disclose correspondence with Weichart Workforce Mobility Canada ULC and Ford Motor Company, relating to the sale of the property and relocation benefits.

The court ordered the plaintiffs to serve a supplementary affidavit and to make best efforts to disclose the requested records, finding them relevant to damages and mitigation.

The court declined to dismiss the plaintiffs’ action for non-disclosure, finding such a sanction disproportionate.

Costs were awarded to the defendants, fixed at $9,500, to be paid at the conclusion of the proceeding.

The court considered motions by both parties regarding the sale of jointly owned property, occupation rent, and the return of personal possessions following the breakdown of a cohabitation relationship.

The applicant sought the sale of the property, occupation rent, and the return of his possessions, while the respondent sought financial disclosure and opposed the sale.

The court ordered the sale of the property, declined to award occupation rent, and directed the return of personal possessions, with certain proceeds to be held in trust pending resolution of outstanding claims.

The applicant, Nicholas Rizkallah, sought various capacity assessments of the respondent, Michel George Rizkallah, including an interRAI Home Care assessment and assessments regarding Michel’s ability to grant/revoke a power of attorney, make a will, and instruct counsel.

The court declined to order the requested assessments, finding that the evidence did not justify further intrusion, that Michel’s wishes and preferences were sufficiently before the court, and that the assessments were not necessary to decide the issues on the application.

The court emphasized the role of s. 3 counsel under the Substitute Decisions Act, 1992, and the importance of respecting the dignity and legal rights of vulnerable persons.

The court considered costs submissions following the successful summary judgment motion of the defendants, Nancy Flagler-Wilburn and F.R. Jordan & Associates Appraisal and Management Services (1977) Inc. The plaintiff, Dennis Paul Rivest, accepted that costs were owed but argued for a significant reduction due to curative steps required by the defendants' failure to plead witness immunity.

The court found some merit in the plaintiff’s argument but rejected the 40% reduction estimate as unfounded.

Ultimately, the court fixed costs at $40,945.80, inclusive of fees, disbursements, and H.S.T., to be paid by the plaintiff within 30 days.

The applicant brought a motion seeking an order compelling the respondent to consent to a religious divorce (talaq) and an order striking his pleadings under s. 21.1 of the Divorce Act for failing to remove barriers to her religious remarriage.

The court found that the respondent did not have genuine religious or conscientious grounds for refusing to consent, as his refusal was motivated by anger over the civil proceedings.

While the court held it lacked the authority to compel the respondent to perform the religious act of granting a talaq, it ordered that his pleadings and affidavits would be struck if he failed to remove the barriers within 60 days of the civil divorce order.